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05-10 RESOLUTION
RESOLUTION NO. 05-10 A RESOLUTION AWARDING RFP #09-23 AND APPROVING A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $73,000.00 TO CONSTRUCT A PLAYGROUND AT DOC MASHBURN PARK; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $7,300.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards RFP #09-23 and approves a contract with RJR Enterprises, Inc. in the amount of $73,000.00 to construct a playground at Doc Mashburn Park. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of $7,300.00. PASSED and APPROVED this 5th day of January, 2010. APPROVED: ATTEST: B By: /VSON7S)ltse‘.. RA E. SMITH, City Clerk/Treasurer snrrrr124 �F,RKJT4,0 pf� oF••64. • ••+ - V • FAYETTEVILLE: f L• OTBN City of Fayetteville, Arkansas RFP 09-23, Construction of Doc Mashburn Playground This contract executed this _D-day of the City of Fayetteville, Arkansas, located at 11 72701 and RJR Enterprises, Inc. located at 804 72756. , 2010, shall be between Mount n, Fayetteville, Arkansas, North 42nd Street, Rogers, Arkansas In consideration of the mutual covenants contained herein, the parties agree as follows: 1. RJR Enterprises, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax, permits, and all other accessories and services necessary to complete items bid as stated in RJR Enterprises, Inc. proposal, and in accordance with specifications attached hereto and made a part hereof under RFP# 09-23, all included herein as if spelled out word for word. 2. Total cost for the project is $73,000. 3. The City of Fayetteville shall pay for completion of the project based on prices indicated in RJR Enterprises, Inc. proposal. Payments will be made after approval and acceptance of work and submission of invoices. Payments will be made approximately 30 days after receipt of invoice. 4. The Work for the Construction of Doc Mashburn Playground shall be substantially completed within 45 consecutive calendar days from issuance of Notice to Proceed and completed and ready for final payment 15 consecutive calendar days thereafter. 5. Liquidated Damages. CITY OF FAYETTEVILLE and RJR Enterprises, Inc. recognize that time is of the essence and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 4 above. They also recognize the delays, expense and difficulties involved in proving the actual Toss suffered by CITY OF FAYETEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY OF FAYETTEVILLE and RJR Enterprises, Inc. agree that as liquidated damages for delay (but not as a penalty) RJR Enterprises, Inc. shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 4 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if RJR Enterprises, Inc. shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 4 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty RFP 09-23, Construction of Doc Mashburn Playground Agreement Page 1 of 4 dollars ($250.00) for each day that expires after the time specified in paragraph 4 for completion and readiness for final payment. 6. The Contract documents which comprise the contract between the City of Fayetteville and RJR Enterprises, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Form identified as RFP# 09-23 with the specifications and conditions typed thereon. B. Construction Drawings entitled Construction of Doc Mashburn Playground (sheets 1 through 5). C. RJR Enterprises, Inc. proposal. D. The Notice to Prospective Proposers. 7. These Contract documents constitute the entire agreement between the City of Fayetteville and RJR Enterprises, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and RJR Enterprises, Inc. 8. RJR Enterprises, Inc. shall not assign its duties under the terms of this agreement. 9. RJR Enterprises, Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from RJR Enterprises, Inc.'s performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 10. RJR Enterprises, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, RJR Enterprises, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. 1. Workmen's Compensation: Statutory Amount 2. Comprehensive General & Automobile Insurance: $500,000 for each accident RFP 09-23, Construction of Doc Mashburn Playground Agreement Page 2 of 4 3. Bodily Inlury Liability: $500,000 for each accident 4. Property Damage Liability: $500,000 aggregate The premiums for all insurance required herein shall be paid by RJR Enterprises, Inc. 11. RJR Enterprises, Inc. to furnish proof of licensure as required by all local and state agencies. 12. This contract may be terminated by the City of Fayetteville or RJR Enterprises, Inc. with 10 days written notice. 13. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 14. Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the Fayetteville City Council in advance of the change in scope, cost or fees. 15. Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. 16. Arbitration/Mediation: We will not agree to be forced to mediate or arbitrate any dispute. 17. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. RFP 09-23, Construction of Roc Mashburn Playground Agreement Page 3 of 4 WITNESS OUR HANDS THIS DAY OF r//,__1�,., , 010. CITY OF FAYETTEVILLE: FAYETTEVILLE, ARKANSAS B ayor L'• - Id Jordan [CORPORATE SEAL] Attest110L Sondra Smith, City R„RE��> _ 0.131.1 U• • FAYETEEVILLE: Address for giving noticag City of Fayetteville %9s°9RkANSP�J�-' 113 W. Mountain Street f'<i1/0701.4`..... Fayetteville, AR 72701 By: [CORPORATE SEAL.] * If a Corporation, attest by the Secretary. Address for giving notices RJR Enterprises, Inc. 804 North 42nd Street Rogers, Arkansas 72756 RFP 09-23, Construction of Doc Mashburn Playground Agreement Page 4 of 4 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 115/2010 City Council Meeting Date Agenda Items Only Park Planning Division Action Required: Parks and Recreation Department A resolution awarding REP #09-23 and approval of a contract with RJR Enterprises, Inc. in the amount of $73,000 with a 10% project contingency of $7,300 for a total project cost of $80,300 for the Construction of Doc Mashburn Playground. 80,300.00 Cost of this request 2250.9255.5806.00 Account Number 02013.0901 Project Number Budgeted Item 150,000.00 Category / Project Budget 64,766.08 Funds Used to Date 85,233.92 Remaining Balance Budget Adjustment Attached I...n.7 Neighborhood Park Dev. Program Category 1 Project Name Doc Mashburn Park Program 1 Project Category Name Parks Development Fund Name -l4vu.0 d1� Jx f 15JC q tpepartme •__.� irect Date 4A..,7(e rney '0A a, �-- Finance and Internal Services Director Date Date Previous Ordinance or Resolution # 106-09; 227-09 Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: Revised January 15, 2009 ttMlle www.accessfayetteville.org CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVI LLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Directo1 'e ' From: Carole Jones, Park Planner Date: December 18, 2009 Subject: RFP 09-23, Construction of Doc Mashburn Playground Agenda Request for January 5, 2010 Meeting PROPOSAL: Doc Mashburn Park contains 1.34 acres and is located at 1582 Fairlane Street east of Fairlane Apartments. The park land is situated in the southeast quadrant of town south of Huntsville Road and west of Happy Hollow Road (see attached map). The park serves residents within a '/2 -mile radius. On May 19, 2009, the City Council passed Resolution Number 106-09 authorizing Parks and Recreation to accept a grant from Arkansas Department of Parks and Tourism in the amount of $50,000 (see attached resolution). Arkansas Department of Parks and Tourism issued the Notice to Proceed on September 14, 2009 (see attached letter). The City of Fayetteville Purchasing Division determined that the State of Arkansas purchasing laws prevented the City from bidding the entire project through the RFP process due to the large amount of site work, grading and drainage involved in the project. The Arkansas Department of Parks and Tourism Project Officer concurred with this determination. Therefore all items except the playground area were bid through the formal competitive, sealed itemized bid process. On November 17, 2009, the City Council passed Resolution Number 227-09 approving a contract with Sweetser Construction, Inc. for Bid 09-64, Construction of Doc Mashburn Park. The contract includes all site preparation, grading and drainage improvements and construction and installation of all sidewalks and a 20 -foot rectangular pavilion. The playground construction was not included in Sweetser's contract (see attached resolution). A Request for Proposals for the playground area was advertised on November 13 and 20, 2009 with a budget of $73,000. Proposals were opened on December 4, 2009. Five vendors including RJR Enterprises, Inc., Arkoma Playground & Supply, Cunningham Associates, Inc., Pacheco Equipment, Inc. and Miracle Recreation submitted proposals. A selection committee was formed and met December 10, 2009 to review and select the preferred playground design for the park. The design proposed by RJR Enterprises, Inc. was selected by the selection committee. THE CRY OF FAYETTEVILLE, ARKANSAS If approved, the construction of the playground project is anticipated to begin in February 2010 and be completed in May 2010. The construction and installation of the playground will be coordinated with the construction of the other park amenities. RECOMMENDATION: A resolution awarding RFP #09-23 and approval of a contract with RJR Enterprises, Inc. in the amount of $73,000, with a 10% project contingency of $7,300 for a total project cost of $80,300 for the Construction of Doc Mashburn Playground. BUDGET IMPACT: The total project is funded with Neighborhood Park Development funds ($100,000) and Arkansas Department of Parks and Tourism Outdoor Recreation Grant funds ($50,000). The contract with Sweetser Construction, Inc. encumbered $64,199 leaving approximately $85,000 for the playground construction. The project cost for the playground including a 10 % contingency is $80,300. Attachments: Doc Mashburn Park Location Map Resolution No. 106-09 Arkansas Department of Parks and Tourism Notice to Proceed Resolution No. 227-09 RFP 09-23, RJR Enterprises, Inc. Proposal Contract Agreement Signed by Contractor Purchase Requisition RESOLUTION NO. A RESOLUTION AWARDING RFP #09-23 AND APPROVING A CONTRACT WITH RJR ENTERPRISES, INC. IN THE AMOUNT OF $73,000.00 TO CONSTRUCT A PLAYGROUND AT DOC MASHBURN PARK; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $7,300.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards RFP #09-23 and approves a contract with RJR Enterprises, Inc. in the amount of $73,000.00 to construct a playground at Doc Mashburn Park. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of $7,300.00. PASSED and APPROVED this 5th day of January, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Doc Mashburn Park 1582 Fairlane Street Leet 0 250 500 1,000 A RESOLUTION NO. 106-09 A RESOLUTION TO ACCEPT AN ARKANSAS PARKS AND TOURISM MATCHING GRANT IN THE AMOUNT OF $50,000.00 FOR DEVELOPMENT OF DOC MASHBURN PARK AND TO APPROVE A BUDGET ADJUSTMENT TO RECOGNIZE THIS REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts an Arkansas Parks and Tourism Matching Grant in the amount of $50,000.00 for development of Doc Mashburn Park and approves the attached budget adjustment to recognize this revenue. PASSED and APPROVED this 19th day of May, 2009. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer DEPARTMENT OF PARKS & TOURISM 1 Capitol Molt Lime Rock, AR 72201 501-682-7777 Arkansas.com History Commission 501-682-6900 (VITT) Ark-ives.com Keep Arkansas Beautiful Division 501-682-3507 KeepArkonsasBeau1M.com Personnel Section 501-682-7742 (VITT) State Parks Division 501-682-1191 (VfIT) ArkansasStateParks.com Tourism Division 501-682-7777 (V/TT) Mike Beebe GOVERNOR Richard W. Davies EXECUTIVE DIRECTOR STATE PARKS, RECREATION & TRAVEL COMMISSION Danny Ford CHAIRMAN Montine McNulty VICE-CHAIRMAN Sieve Arrison 13111 Barnes Jay 8unyord Jim Gaston Darin Groy Debra Hook Bob Knight Billy Lindsey Mike Mills Thomas Schueck Ness Sechrest Jim Shamburger Cindy Smith DIVISION DIRECTORS Cynthia Dunlop ADMINISTRATION Greg Butts STATE PARKS Joe David Rice TOURISM Nancy Clark GREAT RIVER ROAD Dr, Wendy Richter HISTORY COMMISSION Robert Phelps KEEP ARKANSAS BEAUTIFUL AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION/ AMERICANS WITH DISABILITIES ACT EMPLOYER Atkansas THE NATURAL STATE September 14, 2009 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 RECEIVED SEP 1.8 ?UU CITY OF FAYETTEVILLE MAYOR'S OFFICE RE: Project # A -10552 -09 -WA Doc Mashburn Park (previously Fairlane Park) Dear Mayor Jordan: This letter serves as your Official Notification to. Proceed. A copy of the contract agreement booklet is enclosed for your records. Please retain this copy in the permanent files of the City of Fayetteville. This booklet contains the Application Guide that was used to prepare your grant application, the Managelnent Guide that outlines a summary of the regulations and procedures for administering your grant project, and a copy of the signed contract. Part of our responsibility in administering Arkansas's Outdoor Recreation Grant Program is to inform and remind you of the federal Land and Water Conservation Fund program regulations that you have agreed to abide by in this contract. Listed below are some of those major responsibilities. Please re -read the enclosed documents carefully. If you have any questions concerning this information, please contact Bryan Kellar, Director, Outdoor Recreation Grants Program, at (501) 682-1301. 1. The Project site must be retained and maintained for outdoor recreation in perpetuity. This means that the land and facilities within the project boundary cannot be converted to uses other than outdoor recreation (i.e., no public, civic or private buildings such as a city hall, fire station, chamber of commerce, community center, etc.). 2. If the site is converted to some other use, it will have to be replaced entirely at your own cost with land and facilities of equal value and usefulness. Should the need for conversion ever arise, suitable replacement property will have to be approved by the Secretary of the Interior through this office, prior to any action taking place. The Honorable Lioneld Jordan Page 2 September 14, 2009 3. All existing and future utility lines within the project boundary must be placed underground. 4. If you plan to add additional outdoor recreation facilities, please notify our office. Certain other facilities, such as local recreation centers may be eligible to be located within the project site. Please contact our office before making any improvements to the project site to determine what regulations apply. 5. A permanent LWCF/NCRGTF acknowledgment sign is required on all project sites. If, at any time, a new sign is needed, one is available "at cost" from this office. 6. If your project is locked at any time, you must post hours stating when the facility is open to the public. School -sponsored projects must display hours of public use. 7. All sites must comply with regulations under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, assuring access by the handicapped. 8. Your recreational facility must remain open to the general public and you must assure that no person is subjected to discrimination on the basis of race, color, or national origin. Additionally, all grant recipients are required to follow the same bidding and purchasing procedures required by law of state agencies. These procedures are explained in the Management Guide which is part of the enclosed contract agreement booklet. I do not have the authority to waive or make exceptions to these procedures. Lately, several grantees have been denied grant reimbursements for failing to follow these procedures. Before advertising for bids or purchasing goods and services, make sure all procedures have been followed. If 1 can provide you with any additional information, please feel free to contact me. Since Richard W. Davies Executive Director Enclosures RESOLUTION NO. 227-09 A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN TIIE CITY OF FAYETTEVILLE AND SWEETSER CONSTRUCTION, INC. FOR THE CONSTRUCTION OF DOC MASHBURN PARK IN THE AMOUNT OF $64,199.00 PLUS A 15% CONTINGENCY OF $9,630.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement between the City of Fayetteville and Sweetser Construction, Inc. for the construction of Doc Mashburn Park in the amount of $64,199.00 plus a 15% contingency of $9,630.00. PASSED and APPROVED this 17th day of November, 2009. APPROVED; ATTEST: By: CA/ /-f E SONDRA E. �I �ijty Clerk/Treasurer P gti4 VpO°on Ul_/ nrPf `O�G� a VPI N r � E : FAYETTEVI LLE o b .°o AR�iA r.t CJ n.S� a f City of Fayetteville RFP 09-23, Construction of Doc Mashburn Playground Proposal Form The Proposer understands the City of Fayetteville reserves the right to reject any or all bids and to waive formalities deemed to be in the City's best interest. Total price for this project shall not exceed $73,000 which includes: required bonds and insurance; labor cost; equipment, materials and supplies; playground concrete tub -base and surface tiles with installation; playground equipment and installation; two benches with installation; site restoration; shipping; and all applicable sales tax. In addition, the "Price per Proposal Specifications" is to include FOB to actual park project site in Fayetteville, AR and sales tax as regulated by the Arkansas Department of Finance Administration. Failure to meet this requirement could result in your proposal being rejected. PRICE PER PROPOSAL SPECIFICATIONS: $ 1 i 000 . CONTRACTOR'S NAME 3 E--se-•N G'C vc.\ CONTRACTOR'S LICENSE # dQC \.I45- CONTACT PERSON �, f � CcWNr\ TITLE ADDRESS TELEPHONE EMAIL, ADDRESS AUTHORIZED SIGNATURE RQ tts, A s 1 916k-ecLa - EOCa FAX "kitX s\ • 61A All inclusive proposals must be submitted no later than Friday, December 4, 2009 at 2:00 PM, CST, to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas, 72701 in a sealed envelope marked `RFP 09-23, Construction of Doc Mashburn Playground." Each bidder will be required to meet or exceed the specifications attached. Any deviation must be noted with specifications attached to bid proposal. Questions related to the proposal process should be directed to Andrea Foren, City of Fayetteville Purchasing Division, (479) 575-8220, or by e-mail aforen@ci.fayetteville.ar.us. A non -mandatory pre -proposal conference will be held on Friday, November 20, 2009 at 10:00 AM, CST at the actual job site at Doc Mashburn Park located at 1582 Fairlane Street. Please contact Carole Jones at 479-444-3472 if you need directions. City of Fayetteville RFP 09-23, Construction of Doc Mashburn Playground Page 9 of 23 1 1 1 1 t 1 1 1 City of Fayetteville RFP 09-23, Construction of Doc Mashburn Playground Proposal Cost Breakdown Note: Proposal may be rejected if all the information requested is not included in this package. Project is estimated at $73,000. Concrete Sub -Base (4" Thickness) for Playground Surface Tiles: Complete in place per details (175'S.Y.) Playground Equipment for Ages 2 - 12: Complete in place (approx. 1,420 S.F.) Playground Surface Tiles: Complete in place per details - SofsurfacesioSofTILE KrosLock Interlocking Tiles - Plus Series or approved equivalent Two (2) - 6' Benches: Complete in place - Wabash Valley CY420S or approved equivalent Site Restoration: $ 500. 00 Includes 4" depth topsoil, Fescue seed and straw (0.10 Acres) TOTAL COST: City of Fayetteville RFP 09-23, Construction of Doc Mashburn Playground Page 10 of 23 $ 1 T,000.o© RFP 09-23, Addendum 1 Date: Tuesday, November 24, 2009 To: All Prospective Vendors From: Andrea Foren, CPPB — 479.575.8220 — aforenCa7ci.favetteville.ar.us RE: RFP 09-23, Construction of Doc Mashburn Playground ave evtle ARKAN5A$ This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal, Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. • REP 09-23, has the following modifications and clarifications: 1.) Webcoat bench model number B6WBWINGLINESM is approved as an equal. Webcoat Products; P.O. Box 3160; McAlester, OK 74501; 1-800-505-5101; www.webcoat.com. 2.) The playground equipment shall be age appropriate for children ages 5-12 years. The requirement for equipment for children under the age of five has been eliminated. 3.) Attached are the minutes and sign -in sheet from the pre -proposal meeting that was held on November 20, 2009. City of Fayetteville, Arkansas RFP 09-23, Addendum 1 Page 1 of 3 Acknowledge Addendum #1: Printed Name: C Signature: Title: Date: 4` J t(Joh Company: �1't c_•,1 r r+se.� -11e Pre -Proposal Meeting RFP #09-23, Construction of Doc Mashburn Playground November 20, 2009 Parks and Recreation Project Manager Parks and Recreation main line Carole Jones, P.E. Ph: 444-3472 Ph: 444-3971 Procedures • Bonds (recorded at the County) and Insurance • Necessary permits — grading permit; SWPPP — fees are waived for city projects and Project Manager will prepare applications • Location of Underground Facilities (1-800-482-8998, Arkansas One -Call System, Inc.) Copies of documents • Owner will provide Contractor with a minimum of two sets of drawings and specifications. Contract Time • 60 days total contract • 45 days for substantial completion • 15 additional days for final completion • Work days are Monday through Friday unless approved by Park Staff Permits: Meet all state, local and federal requirements • Construction Site Notice for SWPPP must be posted on site at all times. Contractor shall coordinate the construction of the playground slab with other construction activities in the park that are part of a separate bid. Construction of the playground slab will utilize the erosion control measures in place by others and will not be part of this bid. Submittals • Layout of playground equipment • Concrete mix designs — colored concrete will be used on the exposed edges of the playground slab that are not covered by safety tiles. The color shall be approved by the Project Manager. • Grass seed (tail Fescue blend) Site -Visits and Project Milestones • Construction entrance, tree protection fence/silt fence and concrete waste management must be in place prior to commencement of work!!! Construction of the playground slab will utilize the erosion control measures in place by others. • Layout of playground area • Rough grading including area for playground will be performed by others. • Excavation for playground slab/foundation • Construction of playground slab/foundation • Assembly and installation of playground equipment and benches • Finish grading and site restoration around playground area ADA Requirements Ali amenities shall be ADA accessible, including, but not limited to the following, • Playground area and access Work by Others • The construction of other park amenities is under a separate contract and shall not be included in the proposal. K:\PARKS\Doc Mashburn\RFP package\PreproposalAgenda.11-20-094oc Page 1 of 1 aye ev! le f Ar1AAMSA$ Name Construction of Doc Mashburn Playground RFP #09-23 Pre -Proposal Meeting 10:00 AM Friday, November 20, 2009 Sign In Sheet Company Phone E-mail FAYETTEVILLE I MIXIIDEEKIMN 1. Carole Jones b (� {Fay. Parksrt& Rec ry t _r %) �i%/ 2. `,-1),L41( \ (� \� ?!✓t 1 t (tYtIrt ArCia\-A-) e ut-41 0 F ' `� d L ` -� �C caro -'(--t�l� 3. 5\(\\ 479-444-3472 cdjones@ci.fayetteville.ar.us bait) `f?i 6. 7. &ma._ p0 to /171/1 -S f: r vls ili..- (0(0 r Afe Kid atf tfi* c, b L - (.c- -07.33- a � ,�r.s C '"C " ' c G -i-1 k- 6\-5 61, ? ,c\' , r ,-1 -7.(;26,-.1g6 r 0 wit7d PooLV - 8. 9. 10 11. 12. 13. 14 15. 16 17 18. 19. 20 21 22. RFP 09-23, Addendum 2 Date: Monday, November 30, 2009 To: All Prospective Vendors From: Andrea Foren, CPPB -- 479.575.8220 — aforen(r�ci.favetteville.ar.us RE: RFP 09-23, Construction of Doc Mashburn Playground aye.. e ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Form of Proposal. Failure to do so may subject bidder to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. • RFP 09-23, has the following modifications and clarifications: 1.) The upright post size for the play equipment shall be 5" OD. City of Fayetteville, Arkansas RFP 09-23, Addendum 2 Page 1 of 1 Acknowledge Addendum #2: Printed Name: R - c_ Signature: i Title: k11t.e, -9cc5 -e-sAk Date: \rJ.Jt j Company: 1 S ` € v`)1-ac7t ,' s �+ CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we RJR Enterprises, Inc and Western Surety Company City of Fayetteville, Arkansas in the sum of , Principal, Surety, are held and firmly bound unto r Obilgee, 5% Amount of Bid XXXXXXXXXXXXXXXXXXXXXXXXXo0/9agiars ($ 5% Amnt of ba for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for RFP 09-23 Construction of Doc Mashburn Playground Mashburn Park 1582 Fairlane St Fayetteville, AR NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or If Principal shall fail to do so, pay to Obilgee the damages which Obliges may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated 12/4/09 RJR Enterprises, Inc G•23aS4•C WA___ Pot All t i onunitrneate You bWt- (Princtp by (Sealy Western rety Company (Surety .w r by Attorney in ci Christine Piker Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby make, constitute and appoint Brenda Lewis, Terri D Stuart, Roland W Julian, Diana Ball, Cecil Bridgers, Christine Piker, Donna Tito, James Seeker, Bradley Bridgers, Individually of Rogers, AR, its tare and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its. Senior Vice President and its corporate seal to be hereto affixed on this 16th day of December, 2008. RE WESTERN SURETY COMPANY 6�`4GRali� Paul ,13ruflat, Senior Vice President State of South Dakota es ofMinnehaha On this 16th day of December, 2008, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn. did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he Is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed ofsaid corporation. My commission expires 4YS45 + D. KRELL November 30,2012 l"1 ►NOTAI%Y PUBLIC f SOUTH DAKOTA $ i ,,,l,, f D. Krell, No Public CERTIFICATE I. L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this -!�N day of -P 0C r -t4 ER OO WESTERN SURETY COMPANY +� •af OAI��Y. Form P4280-09-06 7J , L. Nelson, Assistant Secretary Doe Mashbum Park a NO L 3 42I-411751201095 2 Ors1 2: 2aD8-T2-04 Pr@5emed BY ■ ENGINEERING INTENT Ron Brown kJk __ Kyle Recreation 4f9 629-3939 O 1M play .t$4...,d Zt fo enr ila.n 1lpseoNka0orc w 0 e4ubnlM- empb .,epprppriele � d+a�.. apemewn s �svWrod- - (6 �errP_EMA p� MEMBER eoo➢aaen iwT..r><p.F���' Ylc. THIS PLAYGROUND WILL ACCCINIODATE 45 CHILDREN I.11.110I10lT:t4T'1P Playgrounds fun &� (ii) MOTES N0'. 15"I' 1,ltSA0 $., weh DWGldlre Ad (Ar)A1 may i.qui. Ht e� ke y011r Old aMIMvv old olOM le.Aen.Swedo, ts enppEeeeltey. Pleeoe 01111011yOL. ky AQA I.mSl dOwn0a PP. 1m• 2 OOP^eb d 11. i. eudecly m:.1 t. uddsi In ..pkaMemw. may'St meetine ordemrcd 5401 A.eaeea Boer. R.geeee r ; 108.. rUPF 0 nurser . k RrvelfdLr10., Ob ePP OOSIpUfldnvy be In .ARgllYrau Wien Caltlbereg Il 0110 nRme.eue hl.ere a rom L1Y of m.1+nd Doter. 5F�.L®I ,S .ld. o,d Is ieerctl uroer.ee ruse .r I Th.. ndidun.. en,,..rd.d M wo. Mllle enure re A. TW mna 001110w h.,.,54. or aetMem bordR nnxeenel, etc}. IAy. �peN1.0.I.eW loc.lkm 10014 y h e 0. slsfek "1'W 000 oMRp lee+w 00000 ar Il0I1M4MI Prue eo1..P yw 4ge[ eaweel b tbtermin. I[lM A mnw. aM poll Ir01noo ieenlAed bl•» ehw Ia... dE eFWem^IF a ll 1K hdi pont OEM=PBy TOAol0W11T,mo it 16 -501 odeByTmmkr. 1000.11 ,.II -Aeen.mr By Rome: O Prams.yrily Tx.l(b[O rewm '�a9r�re�levnre M. 11e�e ,6I6 ro4] dMamkr. as OrowG pinMum reoonnmi5d0 rr An.: fT3.0.1.0 Ph, eLr. 140014 ReG0'eaenslrve; Ran Brown Kyle Recreation 479.821-1989 PNJ54t Doc Mashbum Park ProJen No, LPS33_40151201085_2 0iawn: 200812-04 Drawn ST. Ron Brorm PMyMN:1 Apo b0Op,5'lTBWl Ase amtlosls Poll nold01r.1]e..l Rink 00 04140Cobe:pebb O 410 BuNOx Pvi1 aorcxe.n RB OS Roll 01 Tema CJ $0..[ KB 1e18b1. CIr:Deep Red NBY1' 140,4COSI T L.40.01 LGbl:liC 0O'F4 L. ON IMcSICmorFerest (Y.rn L.ry .IM Ci.T.n Uo.ot,, Po�rCF.Nee rry.n.im F CIrh.P Red SOS.F deFnI.L'0 .11 i ,dok mean SOS. 101 Colr2:B.d. hmK4l 0001 oleaeep Red Aku[aear.-161n.&ode. Mold Plsy50Oltlld Layout C01npGanoe� J Flnal Aomss 9omn R9p0.t Ons J CPSC 11un eoR far PIbre SaPoty / ASTA6 F1487 Tah v.eldomrrrtmmWI weh d'.oldtyl•.t nwo. ePA dh %M 50TH re. e3dkhen 5-122yeed:.Id. 040110 111401111 1. &010101010011140Sed. PlayPnoer LT Farmington, 1110. ae. Lin urw.,1e , Bme Fh—:14. Mtitwd 0304O Flow: 1-000326.8928 0104: 573,100,1011 .00.300 00010011 1Z! cu V ................... .�........... ar tf u ci � yy9 n W w z�ea� [1.. A.A ___ � -. i./.ice✓. iKf MM *a ul d � 11 Iii I I Playgrounds Fun & ORDER FORM PlayArea I Product line: KidBuilders Age group: 5-12 Post type: Galt'. 13ga.1 Plastic Global defaults KB Accent Color Kid Builder Post Color KB PnIICrwl Tunnel CIr KB Roof Color KB SId/Float Stone CIr KB Vinyl color Laminate Color Hang Out Plastic Color Legacy Paint CIr Legancy Poly CIr Quantum Slide CIr Indep.Shade Fabric Color Shade Fabric Color 2 Infinity 1 Plastic CIr Mount Option PlayPower LT Farmington, Inc. One Iron Mountain Drive Farmington, MO 63640 USA 1-800-325-8828 Speckle Gray Green Forest Green Kakadu Blue Deep Red Blue Gm/Tn/Grn Forest Green Tan Blue Deep Red Brunswick Green Desert Sand Deep Red 1.5 in. Surface Mount For PPLT Inhouse Use Only Components Part number Description Qty Weight Volume Unit price Total 200142416 KID TILE BEVEL F/59MM GRN 38 874.00 38.00 57.00 2166.00 200142420 KID TILE BEV. F/59MM GRN OUT -L-45 4 44.00 1.68 30.00 120.00 200142419 KID TILE BEV. F/59MM GRN OUT -R-45 4 44.00 1.68 30.00 120.00 200142415 KID TILE 63MM(2-1/2") X 610MM(24") GRN 414 10764.0 414.00 47.00 19458.00 0 200245768 ASSY RAIL MT.ALUM.STEER.WHL. RED 1 2.00 0.08 163.00 163.00 200007704 HDWR BAG FICLAMP ELIMINATION (MM) 10 10.00 0.10 14.00 140.00 100001139 KB DK/DK PLATE 405MM/16" 1 27.00 0.40 113.00 113.00 100001127 KB LONG DKIDK PLATE 205MM18" 3 75.00 1.14 105.00 315.00 100001134 KB DK/DK PLATE 203 MM/8" 7 112.00 1.54 102.00 714.00 200013798 KB 136" GALV POST WITH PLASTIC CAP 2 118.00 6.00 229.00 458.00 200201060 KB 213" GALV POST WITHOUT CAP CRIMPED 4 464.00 20.00 392.00 1568.00 200013810 KB 148" GALV POST WITH PLASTIC CAP 4 256.00 12.00 243.00 972.00 200013813 KB 4165/164" GALV POST WITH PLASTIC CAP 17 1207.00 68.00 271.00 4607.00 200200505 PANEL REACH ABACUS F/KB 1 45.00 2.00 781.00 781.00 200200503 PANEL REACH VEHICLE FIKB 1 60.00 2.00 666.00 666.00 200201099 ROCK CHALLENGE WALL 1829MM KB 1 137.00 12.00 1802.00 1802.00 200202333 KB PICTURE BRAILLE PANEL PTMT 1 45.00 1.00 630.00 630.00 200024848 PANEL FLT.TP. MAZE KB 1 41.00 6.00 499.00 499.00 12/4/2009 Page 1 of 4 Project: LP53340151201065 2 PlayPower LT Farmington, Inc. IfttktikesOne Iron Mountain Drive ;W .. Farmington, MO 63640 USA Playgrounds Fun & Ems! 1-800-325-8828 ORDER FORM For PPLT Inhouse Use Only KB Pnl/Crwl Tunnel Cir = Tropical Yellow 200202304 KB HANG OUT 1 30.00 3.00 599.00 599.00 200200468 KB ACCORDION CLIMBER 1625MM(64") GROUND 1 130.00 19.00 1165.00 1165.00 200122438 SLIDE SPIRAL KB 1625/64 (2002) 1 380.00 190.00 3758.00 3758.00 200007045 PANEL ARCH T -T -T DKMT. KB 1 52.00 10.00 860.00 860.00 200200073 KB PANEL ARCH "SIGN LANGUAGE" DKMT 1 42.00 2.00 609.00 609.00 KB Pnl/Crwl Tunnel Cir = Tropical Yellow 200007111 PANEL SAFE PLAY 5-12 DKMT. KB 1 40.00 7.00 323.00 323.00 KB Pni/Crwl Tunnel Cir = Tropical Yellow 200202184 KB WILD RUNG CLIMBER 72" 1 114.00 41.00 800.00 800.00 200200847 6' (1830mm) HERITAGE PARK BENCH W/BACK & 2 206.00 18.00 475.00 950.00 ARM Legacy Paint CIr = Green 200129609 CLIMBER LOOP 1830 MM/72" KB 1 143.00 46.00 871.00 871.00 200014919 LADDER RUNG 1220 MM W/HAND LOOP KB 1 54.00 5.00 431.00 431.00 200201043 SLIDE WAVE F/KB 1830 MM/72" 1 156.00 52.00 1154.00 1154.00 200109865 KBP SAFETY RAIL DKMT 4 200.00 24.00 326.00 1304.00 200200663 KB TELESCOPE PANEL DKMT 1 60.00 4.00 847.00 847.00 200202280 KB CLOCK BRAILLE PANEL 1 45.00 1.00 630.00 630.00 Laminate Color = Red/Ylw/Red 200200424 KB POST MOUNT PLASTIC STEERING WHEEL 1 3.00 1.00 160-O0 160.00 200201301 KB TRANSFER STATION 32" W/SFTY RAILS 1 335.00 27.00 2079.00 2079.00 200200552 KB QUANTUM SLIDE 64"(1625MM) ELBOW RGT 1 200.00 70.00 2850.00 2850.00 200201377 SHADE BUILDER 18X18 SAIL 68" CENTERS 1 600.00 195.00 6861.00 6861.00 Shade Fabric Color 2 = Brunswick Green 200006940 DECK HALF HEX KB 3 495.00 45.00 1037.00 3111.00 200013896 DECK 1/2 SQUARE KB 4 264.00 32.00 383.00 1532.00 200201081 LARGE SQ DK W/RUNG CLIMB 80" 1 310.00 64.00 2663.00 2663.00 200202123 KB INFNTY HI-CLMB 72"(1830 MM) 1 235.00 132.00 1650.00 1650.00 Infinity 1 Plastic CIr = Tropical Yellow 200114727 KBP SAFETY RAIL WIWHEEL MOUNT DKMT(2001 1 51.00 0.00 376.00 376.00 200013894 DECK TRIANGLE KB 9 531.00 63.00 451.00 4059.00 200013893 DECK SQUARE KB 1 116.00 10.00 626.00 626.00 200202119 KB TRI-BRIDGE TDV 1 350.00 70.00 2695.00 2695.00 Additional Items 200104307 LABEL AGE APP. (5 TO 12 YRS.) 3 0.00 0.00 3.00 9.00 200111492 LABEL, IDENTIFICATION STAMPED W/RIVETS 1 0.00 0.00 0.00 0.00 200011008 CRATE,MED.14' LX 54.5" H 5 1925.00 0.00 0.00 0.00 200008193 TOOL BOX KID BUILDERS (MM) 2 6.00 0.72 0.00 0.00 200200530 KIT MAINTENANCE KB W/PAINT 1 10.00 1.00 0.00 0.00 200164519 MSDS BOOK 1 0.00 0.00 0.00 0.00 M00116022 WARNING LABEL 3 MESSAGES 3 0.00 0.00 0.00 0.00 12/4/2009 Page 2 of 4 Project: LP53340151201065 2 Playgrounds Fun & Ems! ORDER FORM Parts By Other 600000001 concrete Pad Totals Total Weight Total Volume Equipment List: Discount Amount: Products Subtotal: Products by Other Subtotal: Installation: LandSoft Turf Installation: Estimated Sales tax*: Freight: Drop Ship Freight: Order total: Make Purchase Orders Out To: PlayPower LT Farmington, Inc. Remit Purchase Orders To: PlayPower LT Farmington, Inc. Attention: Sales Administration One Iron Mountain Drive Farmington, Missouri, USA 63640 1-800-325-8828 PlayPower LT Farmington, Inc. One Iron Mountain Drive Farmington, MO 63640 USA 1-800-325-8828 For PPLT Inhouse Use Only 0.00 0.00 0.00 0.00 21408.00 lbs 1720.34 ft3 $78264.00 $29740.32 $48523.68 $0.00 $0.00 $0.00 $4543.95 $600.00 $0.00 $53667.63 Make Checks Payable To: PlayPower LT Farmington, Inc. Remit Checks To: PlayPower LT Farmington, Inc. C/O Accounts Receivable 6078 Paysphere Circle Chicago, IL USA 60674 NOTE: * Applicable sales taxes will be confirmed once order and any tax certificates are received t Denotes drop ship item. - Unloading, storage, installation, surfacing and site work are not included unless specifically noted on quotation. Not responsible for filter cloth, irrigation rerouting, grass damage, or checking for underground utilities. If installation is quoted, it is assumed that the site has been prepared and that any grade slope in any direction does not exceed 2%. In the event that unexpected soil conditions, such as subsurface rock, are encountered during installation, additional costs to the customer will be applicable. The acceptance signature below serves as authorization to order the items quoted and indicates acceptance of the prices listed. All terms are subject to credit approval. COMMENTS: 12/4/2009 Page 3 of 4 P roj ect: L P 533_40151201065_2 Nola HIl0as'U Playgrounds Fun & Ear ORDER FORM PlayPower LT Farmington, Inc. One Iron Mountain Drive Farmington, MO 63640 USA 1-800-325-8828 This playground contains 69.86% recycled content. This playground qualifies for 2 LEED points 12/4/2009 Project: LP533_40 15120 1065_2 For PPLT Inhouse Use Only Page 4 of 4 PRODUCT WARRANTY STATEMENT Revised January 1, 2007 Full One -Year Warranty littiatikes PlayPower LT Farmington. Inc.. (PPLTI warrants that if any product components fait due to defects in materials or workman- ® ship, within one year from date of delivery, PPLT wilt repair or replace such defective components free of charge. COMMERCIAL In addition, the following Limited warranties apply from date of deLivery for the foLLowing PPLT products and components: Limited 100 -Year Warranty On all KidBuilders" aluminum posts and steel clamps, under normal use and proper maintenance, against structural failure due to corrosion or deterioration from exposure to weather caused by defects in materials and workmanship. Limited 10O -Year Warranty On KidBuilders, SkyBuilders, PlayBuilders® and MaxPlaye steel posts and stainless steel hardware, under normal use and proper maintenance, against structural failure due to corrosion or deterioration from exposure to weather caused by defects in materials and workmanship. Limited 50 Year Warranty On the performance of LandSoft'" Rubber Mulch safety surfacing. Limited 15 -Year Warranty On KidBuilders, SkyBuilders, PlayBuilders and MaxPlay main structures under normal use and proper maintenance against struc- tural failure due to corrosion or deterioration from exposure to weather caused by defects in materials and workmanship. This warranty includes only the vinyl clad decks, rails. loops and rungs that comprise the main structure. Limited 15 -Year Warranty On alt KidBuilders, SkyBuilders, PlayBuilders and MaxPlay polyethylene slides and enclosures, plastic components and stainless steel slides under normal use and proper maintenance against structural failure caused by defects in materials and workmanship. Limited 10 -Year Warranty On all ShadeBuilders'"steel frames under normal use and proper maintenance against failure due to corrosion, deterioration or faulty workmanship. Limited 10 -Year Warranty On LandSoft'" Rubber Mulch color steadfastness. Limted B -Year Warranty On the performance and appearance of LandSoft'" Synthetic Turf safety surfacing. Please contact your local representative for more information. Limited 5 -Year Warranty On all ShadeBuildersTM fabric due to rot, UV deterioration (shades of red are limited to 3 years] or defective workmanship. Limited 3 -Year Warranty On all Playground Sculptures and PlayCenter polyethylene slides, enclosures, main struc- ture, decks, and plastic components against failure caused by defects in materials and workmanship. Limited 3 -Year Warranty On KidTilese, KidTimbers" Border Panels, RockTimbers'" Border Panels and all KidRiders® products (excluding spring assemblies) against structural failure due ₹o defects in materials and workmanship. The above mentioned warranties do not include any cosmetic issues. e.g., scratches, dents, marring, fading of colors and discoloration of wood due to . weather- ing, and are valid only if the products are installed in conformity with the layout plan and/or installation instructions furnished by PPLT; have been maintained and inspected in accordance with PPLT's instructions; have not been subjected to misuse, negligence or accident; have not been subjected to addition of substi- tution of parts; and have not been modified, altered or repaired by persons other than PPLT or PPLT's designees. Labor and damage resulting from vandalism, abnormal use, incorrect installation, or lack of maintenance are not covered by this warranty. Except as specifically stated herein, all warranties, express or implied, including but not limited to any implied warranty of MERCHANTABILITY or fitness for a particular purpose are hereby EXCLUDED. This warranty excludes any liability other than expressly stated including but not limited to any incidental or conse- quential damages. Additional PPLT Policies For information on warranty claim procedures, contact the nearest PPLT location (see back cover) or write to: PlayPower LT Farmington, Inc., P.O. Box 897, Farmington, Missouri 63640. Pricing Prices are subject to change without notice. All orders are subject to approval by PlayPower LT Farmington. Inc.'s, general office. Prices are F.O.B. Farmington, Missouri and do not include freight. Lease purchasing option is available through the Lease Program. Specifications Product specifications in this catalog were correct at the time of publication. However, PlayPower LT Farmington, Inc. has a history and policy of continuous product development and improvement and therefore reserves the right to improve, alter or discontinue specifi- cations without notice. Loss or Damage on Transit A signed bill of lading is our receipt from a carrier that our shipment to you was complete and in good condition. Before you sign, please check this bill of lading carefully when the shipment reaches you to make sure there are no damages or shortages. Once the shipment leaves our plant, we are no longer responsible for any damage, loss or shortage. Cancellations and Returns Cancellations will be accepted upon written notification at our of- fices. Returns will be accepted only when freight charges are prepaid and we have expressly authorized the return. Parts not included are custom parts, as well as used or damaged parts. There will be a restocking fee for all returned orders and on cancelled orders. Replacement Parts For park and playground replacement parts, contact the nearest PPLT location Isee back cover(. Look for the Boundless Playgrounds" logo that indicates a selected playground model meets Boundless Playgrounds performance criteria and is an exceptional barrier -free T.1 play environment that provides developmental advantage for children of all abilities. Boundless Playgrounds is the first national nonprofit organization dedicated to helping communities create playgrounds where children with and without disabilities can develop essential skills for life as they learn together through play. Playgrounds that meet Boundless Playgrounds' standards are sensory -rich, rigorous and challenging for everyone. in addition to featuring accommodations for children with physical, developmental, cognitive and sensory disabilities. The use of Boundless Playgrounds' logo signifies that PlayPower LT Farmington, Inc. has received written validation from Boundless Playgrounds that the models specified comply with Boundless Playgrounds performance criteria. Visit www.boundLesspLaygrounds.org to register.your project and receive additional toots and services to develop a Bound Less'" Playground. Boundless Playgrounds 45 Wintonbury Ave. Bloomfield, CT 06002 Phone: 860-243-8315 Website; www.boundLessplaygrounds.org 1.0 PlayPower LT Farmington, Inc. (PPLT) kid tiles are guaranteed to be free of manufacturing defects in material and workmanship for 10 years ("Warranty Period"), if there are defects in material and workmanship during the Warranty Period. PlayPower LT Farmington, Inc. (PPLT) will replace or repair the mats, as described herein, at no cost to the owner/end-user. Should defects in material of workmanship be found, it is the owner's responsibility to contact PlayPower LT Farmington, Inc. (PPLT) through the point of purchase or directly; as described below. This warranty does not cover dissatisfaction, problems or other damage to the materials due to or as a result of a) improper installations and/or improper maintenance; b) fading due to sunlight (Outdoor exposure, abrasions, and ultra -violet rays may cause normal change in the surface color and is not considered a defect under this warranty); c) shading (color variation) of individual pieces due to natural rubber variations; d) use of harsh and acidic chemicals, acidic foods and abrasive chemicals; e) water spotting, petroleum adhesives or floor sealants or abuse; f) color variation between samples and/or printed illustrations and actual product; g) wear or product degradation expected from the use or environment of installation; h) chewing, clawing or other animal destruction; i) exposure to chlorine, solvents, acids, or other harmful chemicals; or j) acts of negligence, misuse, or willful or accidental external influences including but not limited to, vandalism, riot, or acts of war. * *Proof of Purchase is Required * * 1.1 The warranty is limited to the repair or replacement of products of PlayPower LT Farmington, Inc. (PPLT) which are shown to be defective. The owner/end-user agrees not to advance any claim for any other measure of damage or loss. PlayPower LT Farmington, Inc. (PPLT) shall not be liable for installation, disassembly, removal, disposal, return shipping, or other similar costs. 1.2 PlayPower LT Farmington, Inc. (PPLT) shall not be liable for any damage, loss or claim whatsoever unless: 1.2.1 The manufacturer is notified in writing within fifteen (15) days of any occurrence which might give rise to a claim; 1.2.2 The owner/end-user has obtained written authorization from PlayPower LT Farmington, Inc. (PPLT) prior to making any repairs or alterations on or through the surface which may affect the integrity of the materials; 1.2.3 PlayPower LT Farmington, Inc. (PPLT) is first permitted to inspect the allegedly defective product or cause of the alleged loss, damage or claim; 1.2.4 The material is installed according to the written instructions provided by PlayPower LT Farmington, Inc. (PPLT) Inc. and used only as intended by PlayPower LT Farmington, Inc. (PPLT). 1.3 If, after inspection, PlayPower LT Farmington, Inc. (PPLT) determines that there has been a material defect in the product within the Warranty Period described in Paragraph 1.4, the liability of PlayPower LT Farmington, Inc. (PPLT) to either: (a) delivery of repair or replacement material for the impacted area, or (b) credit to be applied toward the purchase of new material. The value of either remedy shall be pro -rated upon the remaining months of unexpired warranty as determined by the manufacturer. The maximum pro-ra₹ed value of either remedy shall be pro- rated upon the remaining months of unexpired warranty as determined by the manufacturer. The maximum pro -rated value of either remedy shall in no case exceed the original purchase price. Limitation of Warranty: I. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, NOR ANY OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF 2. PLAYPOWER LT FARMINGTON, INC. (PPLT) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. 3. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM OR DAMAGES, 4. NO AGENT OF REPRESENTATIVE OF PLAYPOWER LT FARMINGTON, INC. (PPLT) HAS ANY EXPRESS OR IMPLIED AUTHORITY TO MAKE ANY REPRESENTATION, PROMISE OR GUARANTEE NOT STATED HEREIN Disclaimer: Recycled rubber, as with any recycled product, can vary. Tolerances in thickness and width have been made as stringent as is possible, but some variance is to be expected. Rubber's nature is to expand and contract with changes in Temperature and humidity. PlayPower LT Farmington, Inc. (PPLT} kid tiles are not to be used in any manner or for any purpose not expressly identified by PlayPower LT Farmington, Inc. (PPLT). 29 09 03:32p KimKyle 5012276124 p•1 MMC 7/1/2008 6:31:310 PM PAGE 21002 Eastern Time Zone e.rrrj=w.n�.,.. a '1 ,r•E3a"s�r I - — - '"'I _ "'! • ET_ LERTIF[CRfEHtIAIBER �' I - - 1. , Cho 0DI176665-09 PitDLUCER TM CERTIFICATE S ISSUED AS A MATTER OP lNPORMAYION ONLY AkO COtIfER9 Marsh LISA Inc. NO RIONTS UPON THECERTR1CATE HOLDER OTHER 114iN 1i$ SE PRONGED IN 1115701 Mcket h USAStreet Suite 1100 POLICY. THIS CE3in'ICATE ODES NOT ARENA EXTEI D DR PLTER THE COYEAAGB 54. Lauri MO 63191-1830 AFFORDED SY n E PCKJC1ES DSSCRIOEO NERSN. Alin: s0cuis ceiIregtlest@marsh.Can 212 -9L8 -0B11 COMPANIES FFORDING COVERAGE 08 INSJMEO PlayPower, Inc. ]Miracle Recreation SoF Play. Egvlpment Ccmpeny, y, LLC. E -Z Dock Inc.. PlayPower Export. trio. Kid Play. Inc. HAGS Playground, PlayPower LT Farmington, Inc. 13620 East Reese Boulevard, Suite 300 HuntersviDe, NC 28078 CCNPAN( A Liberty Mutual Insurance Company COMPANY 8 Liberty Mutual Fire Inatrranoe Company CSA'PANY C Go Ierce and Industry Ins CD COMPANY 0 Wausau IFnderwBters Ins Co TH15 15 TO CERT1Fr AT POUCIE5 OF EN5URACCN OECR16ED NERENi HA1.BEEN ISSUED NOTt5fTN STANDING ANYVREOURBdENi, TERM OR C MOir7ON OP AP( CONTRACT OR OTH" COCtkIIENT VL1TH RESPECT TO ►ViYCti THE CERTIFICATE MAY EE ISSIJR> OR MAY PERTAIR, THE INSURANCE AFFCROEO SYTHEPOLICIES DESCRIEEO HEREN IS SUEJECT TO ALLTHE TERMS. CONDItIOtiS AND EXOLUSEDNS OF SUCH P011ClE5. AGGREGA3E 1.51155 SHO11ta MAY HAVE EEE.L PEOUCE013Y PAID CLAIMS. co TYPED? 1MURPACE poucf NUM6ER PLATE tNP,VD WYY7 DATE y000113 rY) LTR OBNE1TAt.L1IE1UTY 81641004540028 07/011x8 07107109 X GONINERGMlLGffNERALLMELAr CLA5FSMADE L" OCCUR QMIERS a C04TRACrGR%fRO- g AUTOLM0&TJi U � AS2641004640058 07/01)08 0710#109 X ANYAUTO X ALL CW'IRi AUTOS SCHEDtLEDAUTOS ?ci 11850 AUTOS NON•OWNEDAUTDS X 1000 Comr3 ehensive fed. C ANYAFTO SE95T4493 07/01103 ExcEs9UA81MTY 10THERTMANUIDPA to GJ 91-53 6 S.D3B 07/01/00 ES1PwY6R5'tJAJENO THEPROPACETORt j( InlCL PARTb1ER5E2E0.ITIVE OFFIGERSARE EXR UA1Ts GENFR.ALAGGREGATE $ 5.000.000 PRODUCTS- CCMPfOPAGG $ 5,000,000 pERSONAL5AAVIAUURY $ 1,000,900 EACHOCCURRFNCE 8 1.000.000 RREVAMAGE alelke; $ 1,000,000 rr� ESC° one osrson} $ NlA CoMBINBOSINrE-Et44T S 1,Q00000 EOOLYINJURY (Per ms EOOLYINIURY iPer aeeldtilT PROPERTYItNEAG€ $ AUTOONLY•EAACCIDENT $ OTHER THAN AUTO OAIY EASHACCICENT $ AGGR&GATE S EACROCCURREICE $ 5,900,000 AGGREGATE $ 5.000,000 SIR $ 10.000 X TOKr CCsi FR EL EACHACCIOE14T 5 1,000,00$1 a otsEASEpoucY UMTr S 1,000,000 EL DISEASE -CASH BAPLOYEE DESCIaPIIONOfOPET?ATN?N&M7CAT1ON$lYEN1C1XWPEC J-1TH11S Re: PlayPower LT FarinIngten, Inc.. formally known asLitlie Tikes Contnerdai Play Systems. Subject to policy terrns, condi8cns & exdusion3. Kyle Recreation is induded as Additional Insuredto the above General Liability policy. onlyas requited by CDntraeL, as respects the supply of playground equipment. - - - R1OU O UT OF TEE OOEl7l3 CE.RCREED HGrEI BE CNCMLRDSL TISE DSeATE i OATS r THE 1HS1F r APFORONO COVERAGE Ve.1 ENDEOSE TO s.. 3D D'AYs WS IlRI R0FICE 10 THE Kyle Recrea Hon CERIY'CAT£ HOLDER MAD HEAEW, BDT FAtURC TO H,NL R11Q1 NOTICE 9rA.t 1KPOYENgpaIGATIPN OR Attnl0mKyle LVSUrrWNIlKNOUPPVIRENSUREAAppaftDtlaCOVEWER "AGB#ISOTREP ALWAITATNA02We 8590 Cantrell Road Little Rock, AR 72227 SSIIEA CFTHISOERTIHDWE C9 mars L A Mc. d FIL,rt1s USA 1raG a' Alfred A.Peterfeao J4.L+ A Division of NeweliRubbermaid February 20, 2003 littk tikes commercial play systems One Iron Mountain Drive P.O. Box 897 Farmington, MO 63640-0897 (573) 756-4591 Fax: (573) 756-0319 Subject: U.S. Consumer Product Safety Commissions (CPSC), ASTM F 1487 Safety Performance Specification Standard, IPEMA Certification and The Americans with Disabilities Act Little Tikes Commercial Play Systems is committed to providing challenging and safe playground equipment for children of all ages around the world. We fully support the CPSC's Handbook for Public Playground Safety guidelines and to the best of our professional knowledge; Little Tikes Commercial Play Systems currently meets and/or exceeds all pertinent recommendations of the guidelines. With the concern for the children's safety, Little Tikes Commercial is fully committed to support the continued development of the ASTM F1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. In the interest of public playground safety, IPEMA (International Play Equipment Manufacturers Association) provides a 3Party Certification program whereby a designated independent laboratory validates a manufacturer's certification of compliance to the ASTM F1487 Standard. Little Tikes Commercial Play System's products have been validated by IPEMA and are certified to ASTM F1487. In addition complying with the guidelines and standards, Little Tikes Commercial Play System designs it play equipment and playground layouts to the requirements of the ADA (Americans with Disabilities) Final Rule. Sincerely K. Michael Hayward Little Tikes Commercial Play Systems Inc. Printed on 10% post -consumer recycled paper. DET NORSKE VERITAS MANAGEMENT SYSTEM CERTIFICATE Certificate No. 31563-2008-AE-USA-ANAB This is to certify that Play Power LT Farmington, Inc. at 1 Iron Mountain Drive, Framington, MO 63640 USA has been found to conform to the Management System Standard: ISO 14001:2004 This certificate is valid for the following product or service ranges: THE DESIGN, MANUFACTURING, DISTRIBUTION, INSTALLATION, AND SERVICING OF COMMERCIAL PLAYGROUND SYSTEMS. Initial Certification date: Place and date.• July 17, 2008 Houston, Texas, August 01, 2008 This Certificate is valid until: July 17, 2011 The audit has been performed under the supervision of Chandran Ilango Lead Auditor for the Accredited Unit: DET NORSKE VERITAS CERTIFICATION INC., HOUSTON TEXAS * al' dy Frueboes Management Representative Lack of fulfilment of conditions as set out in the Certification Agreement may render this Certificate invalid. DET NORSKE VERITAS CERTIFICATION INC., 16340 PARK TEN PLACE, HOUSTON, TX 77084, TEL: 281-721-6600 - www.DNVCERT.COM DET NORSKE VERITAS STATEMENT OF CONFORMITY Certificate No. 31564-2008-HSO-USA-ANAB This is to certify that Play Power LT Farmington, Inc. at 1 Iron Mountain Drive, Farmington, MO 63640 USA has been found to conform to the standard: OHSAS Occupational Health and Safety Assessment Series 18001:1999 Edition This statement is valid for the following products/service ranges: THE DESIGN, MANUFACTURING, DISTRIBUTION, INSTALLATION, AND SERVICING OF COMMERCIAL PLAYGROUND SYSTEMS. Initial issue date: Place and date.' July 17, 2008 Houston, Texas, August 01, 2008 for the Accredited Unit: This statement is valid until: 0 �� DET NORSKE VERITAS July 17, 2011 +r�j CERTIFICATION INC., HOUSTON TEXAS The audit has been performed under the 1864 supervision of Chandran Ilango y Frueboes Lead Auditor Management Representative DET NORSKE VERITAS CERTIFICATION 1Nc., 163401 'ARK. TEN PLACE, HOUSTON, TX 77084, TEL; 281-721-6600 - W W W.DNVCERT.COM C-) Post and Accents: Posts, overhead events, rails, rungs, and supports are finished with a two -stage primer 0 finishing system available in 11 standard colors shown below or from a variety of custom colors. *See your local sales rep for custom color options and availability. (J) was With 15 standard color options for slides, panel and roofs, and another 11 for posts, every playground can be a post modern. masterpiece. We encourage you to accentuate; your pLay space with bold strokes. Or, if you'd rather, opt for one of 10 recommended color combination palettes. Sri V.�. 1R 'iI 1' Iris To maximize the fun fora , your budget, the MaxPlay 9 �:: il. 1; line is dosigned in three color scherTies: '� 2007 Little Tikes Commercial Catalog 145 • tropical yellow C Plastic Colors yellow purple kakadu blue blue teal sport green forest green brown tan Post & Accents See your local sales rep for custom color options. NEW! Take Coat PE 0 green cense No. 0093500410 State ofArkansas Contractors Licensing Board RJR ENTERPRISES, INC. 804 N 42ND ST ROGERS, AR 72756 RJR ENTERPRISES, INC. is to Certify That is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classification: BUILDING RESIDENTIAL BUILDER SPECIALTY Institutional & Kitchen Equipment Remodeling, Renovations, Restoration, Alterations with. .the ,following suggested bid limit $1,750,000 from June 12, 2009 until April 30, 2010 when this Certificate expires. Witness our hands of the Board, dared at North Little Rock. Arkansas: CHAIRMAN SECRETARY June 12, 2009 little t1 5 f Playgrounds Fun & E!' C RTIFICATr OF FACTORY IN5TALLATI0N CERTIFICATION RJR 1 NTI KrRI5�5J INC. Rogers, ArLrtsas ttas s access f uLLd co fr pLeted the rerewtevt is to be rer og vied cis Gt PLadPower LT Fr gto, I FL for j Certited I vistaLLer Ja,waiy 2009 CERTIFICATE OF LIABILITY INSURANCE OP ID CP RJREN-1 DATE(MMlDDNYYY) 11 20 09 PRODUCER ThIS CERTIFICATE IS ISSUEDASKMATTEIk ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rogers Insurance Agency P.O. Box 2048 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Rogers AR 72757-2048 Phone: 479-636-4551 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA. The Harleysville Insurance Co 23582 INSURER B: Harleysville Mutual Ins, Co. 14168 INSURERC; American Home Assurance 19380 RJR Enterprises Inc. 804 North 42nd street Rogers AR 72756 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DAOTLEI EFFCTIVE (M D DATEPOLI(MMEXPIRATION DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $1 000,000 PREMISES Ea occurence $100,000 A X COMMERCIAL GENERAL LIABILITY GL4J9678 07/01/09 07/01/10 CLAIMS MADE OCCUR MED EXP (Any one, person) $5,000 A X Additional Insd GL4J9678 07/01/09 07/01/10 PERSONALBADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY J' fl LOC B AUTOMOBILE X LIABILITY ANYAUTO BA4J9678 07/01/O9 07/01/10 COMBINED SINGLE LIMIT (Eaaccident) $ 1,000.000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY (Per accident) B B X X HIRED AUTOS NON-OWNEDAUTOS BA4J9678 BA4J9678 07/01/09 07/01/09 07/01/10 07/01/10 PROPERTY DAMAGE (Per accident) B B Comp Ded $500 BAJ9678 BAJ9678 07/01/09 07/01/09 07/01/10 07/01/10 Collision Ded$500 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGO $ ANYAUTO $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $ 1,000,000 A jIlOCCUR CLAIMSMADE BE4J9678 07/01/09 07/01/10 AGGREGATE $ 1,000,000 $ DEDUCTIBLE $ X RETENTION $ 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) WC005708892 09/14/09 09/14/10 WC STATU- X TORY LIMITS X ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 Eves, describe under SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC XXX�Ci^„ l I DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. igraund Polation Member ID# 2009-0706 Certificate of Playground Contractor Qualification This certificate validates that the company below is lasted as a Qualified Playground Contractor and a Member of the NPCAI and has the necessary requirements t❑ conduct business. The member below agrees to support and promote the International Playground Contractors Association. R.J.R. ENTERPRISES, INC. ROGERS, ARKANSAS The above named contractor has the proper licensing to conduct business an the following states: State License # Additional States Expires AR# #00935001410 KS, MO, OK 7-30-2010 ' i 7/10/2009 Karen H. Specs NPCAI Chairman Date 7/10/2009 A. Salazar. NPCAI Executive Director Fate �•.: ,.... ..,Fs . .,��'�. , �!C�:`i:•H;� ; •;.;.., , f_;.��reqt1fsltlaflNO ixrlsrxaae �•�} q � um of Veit' Date �'�'-- ".yV�rN.• �raEFbe:dcan7lerF$u�tGre-- I�,;�^ YIq� Al.' e or : e or me:Mail 0443 RJR Enurprtses, Inc. Y68: NO:- ss: o ant:Taxable Qutlee Atteied 0114 Norm 42nd Street Yes:_ No; Y : No: ity: [ate: Zip ode: IStliplo code: Divison Head Approval. Ro erc Adcanee, 72755 nester Requeotei's Employee 0 Extension: Carole Jones, Park Planner 3007 472 Item Desch lion Quantity Unit of Issue Unit Cost Extended Cost Account Nmnbers "rjct/Sobprojvct# IneentorvE Fixed Asset if 1 Carrstruction of Doc 1 1 LS $73,000.00 2250.9255.5906.00 02013.11901102013.0901 Mashburn Playground 2 40.00 3 $0.00 4 10.00 5 $6-00 6 $0-00 7 moo a $0.00 9 $0.00 10 $0.00 Shipping7Handling Lot $0.00 s Tax is included in the bid price. Subtotal: $73,000.00 Tax: Total: $73,000.00 ... . Approvals: Mayor Department Director Purchasing Manager: Finance &Internal Services Director. Budge) Manager IT Manager: Dispatch Manager: Utilities Manager. Other, CNA INSURANCE COMPANIES CNA Plaza, Chicago, Illinois 60685 I Illllll llllll 111 IIIIIIIlII Illlllllll lull lull lull lull lull lull VIII Illl IIII Doc ID: 013256620004 Type; LIE Kind: F Recorded 01/15 2010 at 09:05:24 qr Fee Amt: $30.00 Page 1 of 4 BetteW"StamDSOCircuitRClerk FileBO29-00000785 PERFORMANCE BOND Bond # 70857081 KNOW ALL MEN BY THESE PRESENTS: That we RJR Enterprises, Inc and Western Surety Company unto City of Fayetteville , Principal, Surety, are held and firmly bound in the sum of Seventy Three Thousand Dollars .XXXXXXXXXXXXxxxxxxxXXXXX'gee' XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 0 0/ 10 0 Dollars ($ 73, 000. 00 for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated January 5th 2010 for RFP 09-23 Construction of Doc Mashburn Playground, Doc Mashburn Park 1582 Fai•rlane St Fayetteville, AR copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform suchcontract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and. effect. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls -due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed, sealed, and dated Q'1055$A January 13th 2010 (Principal) By RJR Enterprises, Inc rn ( Sur )ty Co i3 al) Christine Piker Attorney-i -Fact CNA_________________ For AU the tmenu Yoq Male&' Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Brenda Lewis, Terri D Stuart, Roland W Julian, Diana Ball, Cecil Bridgers, Christine Piker, Donna Tito, James Seeker, Bradley Bridgers, Individually of Rogers, AR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of December, 2008. WESTERN SURETY COMPANY `RLr'AV^srY Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 16th day of December, 2008, before me personally came Paul T. Bruf]at, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ♦bb4444ti4444bbb44b4444b44 + I D. KRELL i November 30, 2012 / NOTARY PUBLIC StsAL r SOUTH DAKOTA r a +_,,.,,.L , Krell, No Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 13 Yr1 day of _ .'T R N U AR X' - 2_C 10 . dab WESTERN SURETY COMPANY 27z L. Nelson, Assistant Secretary Form F4280-04-06 CNA INSURANCE COMPANIES CNA Plaza, Chicago, IUinois 60685 PAYMENT BOND Bond # 70857081 KNOW ALL MEN BY THESE PRESENTS: That RJR Enterprises, Inc. and Western Surety Company unto City of Fayetteville , Principal, Surety, are held and firmly bound , Obligee, in the sum of Seventy Three Thousand Dollarsxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx00%100 Dollars ($ 73,000.00 }, for the payment of which we bind ourselves, our legal representatives, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated January 5th 2010 forRFP 09-23 Construction of Doc Mashburn Playground, Doc Mashburn Park 1582 Fairlane St Fayetteville, AR copy of which contract is by reference made a part hereo€. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly made payment to all persons supplying labor and material In the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED January 13th 2010 Form G -23214-C CNA For Ali the Coinmitments You Make- RJR Enterprises, Inc (Principal} (Seal) By: c. Psc5:cle.•n's Western Surety Company (Seal) r rety} By: Christine Piker Atto ey-in-Fa�i Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South bakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Brenda Lewis, Terri D Stuart, Roland W Julian, Diana Ball, Cecil Bridgers, Christine Piker, Donna Tito, James Seeker, Bradley Bridgers, Individually of Rogers, AR, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of December, 2008. WESTERN SURETY COMPANY o ; Paul . Brutlat, Senior Vice President State of South Dakota ss County of Minnehaha On this 16th day of December, 2008, before me personally came Paul T. Bruflat, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires qqq4qq } D. KRELL November 30, 2012 / NOTARY PUBLIC + s SOUTH DAKOTA s 4g4gNYbgqtiq4qqqtir6hMyqSq � D. Krell, No Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this /3 TH day of Z FtN V ARL t . 2.01 O As�etREr}po WESTERN SURETY COMPANY (3' • L. Nelson, Assistant Secretary Farm F4280.09-06 Artip� CERTIFICATE OF LIABILITY INSURANCE RP, JBEN1 TE (MMIDDrAW) 701/13/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rogers Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2048 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Rogers AR 72757-2048 Phone: 479-636-4551 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: The Harleysville Insurance Co 23582 INSURER B: Harleysville Mutual Ins. Co. 14168 RJR Enterprises, Inc Ryan Brown INSURERC: American Home Assurance _ 19380 804 North 42nd Street Rogers AR 72756 INSURER D: INSURERS: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYYYY DATE MMIDDIYYYY LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR X Additional Insd GL4J9678 GL 4J9678 07/01/09 07/01/09 07/01/10 07/01/10 EACH OCCURRENCE $ 1 , 000 ,000 PREMESES(Eavccuranae) $100,000 MED EXP (Any one person} $ 5 , 000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY flIT PRO fl LOC JE PRODUCTS - COMPIOP AGG $ 2, 000 ,000 B B B B B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS Comp Ded $500.00 BA4J9678 BA4J9678 BA4J9678 BA4J9678 BA4J9678 07/01/09 07/01/09 07/01/09 07/01/09 07/01/09 07/01/10 07/01/10 07/01/10 07/01/10 07/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 � r X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) �^ $ X X PROPERTY DAMAGE (Per accident} $ X Coll Ded $500.00 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS! UMBRELLA LIABILITY X OCCUR ❑ CLAIMSMADE DEDUCTIBLE RETENTION $ BE439678 07/01/09 07/01/10 EACH OCCURRENCE $ 1 , 000 , 000_ AGGREGATE $ 11000,000_ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICERIMEMBERNPROPRIETOEREECUTIVE 1 EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below WC005708892 09/14/09 09/14/10 X TORYLIMITS X ER E.L.EACHACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Re: RFP 09-23 Construction of Doe Mashburn Playground, Doc Mashburn Park 1582 Fairlane St Fayetteville, AR CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI CITFAYO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Purchasing Pm 306 REPRESENTATIVES. 113 W. Mountain Fayetteville AR 72701 AUTH�tIZE/�RESEANTATIVE ACORD 25 12009101! © 1988-2009 ACORD CORPORATION. All riahts reserved The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID CP DATE (MMIDDIYYYY) 08 05 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If BR A I N IS IVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: PHONE FAX M F1r\ A1C No, Ext . (A/C, No): Rogers Insurance Agency ADDRESS: P.O. Box 2048 CUSTOMERID#: RJREN-1 Rogers AR 72757-2048 Phone: 479-636-4551. INSURER(S) AFFORDING COVERAGE NAI II INSURED INSURERA: Cincinnati Insurance Company 10677 RJR Enterprises Inc. 804 North 42nd ftreet INSURERS: Commerce & Industry Ins CO 19410 INSURERC: Rogers AR 72756 INSURER 0: INSURERE: : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE 1NSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EPP0028068 07/01/10 07/01/11 EACH OCCURRENCE $ 1 , 000 000 PREMISES (Ea occurrence) $ 100, 000 MED EXP (Any one person) $ 5 , 000 PERSONALBADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROCT LOG JE PRODUCTS. COMP/OP AGG $2,000 000 $ A A A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS EPP0028068 EPP0028068 07/01/10 07/01/10 07/01/11 07/01/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per soGident) $ PROPERTY DAMAGE (Paraccident) $ X X $ $ A X UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE UMB 0028068 07/01/10 07/01/11 EACH OCCURRENCE $1,000,000 AGGREGATE $ 1 ,000 ,000 DEDUCTIBLE RETENTION $ 0 $ 7C $ •$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERJEXOFFICER/MEMBER EXCLUDED? ECUTIV (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below I A WC005708892 09/14/09 09/14/10 I WCSTATU- I 1OTH- TORY LIMITS I ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Project: RFP 09-23 Construction of Doe Mashburn Playground , Doc Mashburn Park CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CTTF001 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville Purchasing Rm 306 113 W. Mountain Street Fayetteville AR 72701 ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD